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National Data Privacy Day: The Internet isn’t Anonymous Anymore

In the late 1990s, when the Internet truly hit the mainstream, people were often struck with a mixture of wonder and fear when they sat down at their computer desk. Back then, the Internet offered limitless information and global communication instantly, two things simply unheard of just a decade prior. When users browsed the Internet, it felt like an adventure, with websites acting as friendly navigators. Although the early Internet certainly had its problems, it didn’t feel like a business tool or high-tech gizmo. It felt like a toy for grown-ups.

As the Internet matured, this wonder eventually turned to familiarity. Gone were the days of simple AOL chat rooms and catching up on news. Businesses started to harness the Internet’s power, and the mystery of the Internet began to fade. The Internet wasn’t a toy anymore; it was a necessary tool that we had to use if we wanted to keep up with work, friends, and the world in general. And with the Internet becoming more ingrained in everyday lives, the anonymity of online spaces disappeared as well.

January 28th is National Data Privacy Day, and AXEL is celebrating by highlighting the importance of digital privacy and why stronger privacy protections are required for a safe, secure Internet.

Digital Privacy in the Early Internet

In the early days of the Internet, websites were radically different than they are today. In the late 1990s, nearly every site was built only using HTML and images, with no tracking capabilities. Because of how simple these websites were, few sites offered personal accounts, so users simply weren’t motivated to give information up. Simply put, users knew little about websites, and websites knew little about their users.

The Internet remained this way for a few years, offering simple services in exchange for a hefty fee. For example, AOL charged users over USD $20 per month to use its Internet software.[1] In the late 1990s and early 2000s, the Internet was widespread, but there was still a significant barrier to entry. However, the invention of a delicious digital tool would soon change the business model of Internet-based companies: Cookies.

Cookies are small text files that are sent from website servers to a user’s computer, allowing a server to identify and remember a specific user.[2] While this sounds simple, Cookies spearheaded a massive change to website design and user accessibility. From remembering website preferences to revolutionizing online shopping, cookies offered a multitude of benefits to users. While cookies undoubtedly offered intuitive features for early Internet users, they also were a turning point in the prioritization of online privacy. After the widespread adoption of cookies, the Internet ceased being anonymous.

In addition to cookies, the rise of social media in the early 2000s radically changed how users approached the Internet. In the late 1990s, Internet users were typically wary of revealing personal information online, and for good reason. However, the rise of early social media sites like Friendster, MySpace, and Facebook changed the way users approached the Internet. No longer were people confined to anonymous AOL usernames; users could simply search their friends’ names in order to communicate with them online. While this was certainly an exciting feature in the early 2000s, it led to the normalization of digital footprints.

Online Privacy Today

Today, nearly everyone in the world has a digital footprint. Try it! Search your name and see what comes up. Websites and images from years ago regularly appear, even from posts and webpages that have been deleted. Worst of all, even if you delete all of your online accounts, those images are likely to stay there forever. While this de-anonymization does have benefits, say, looking people up for job interviews or first dates, it also represents a complete dissolution of online privacy.

While these digital footprints can be unnerving for some, they ultimately don’t have a massive effect on overall online privacy. After all, a few posts and images are nothing for Big Tech. What Big Tech can use, however, is data. And the vast majority of that data comes from cookies. Unfortunately, today’s cookies don’t just auto-fill URLs or remember your shopping cart. Modern cookies are built to track and analyze every single click we make. Using these cookies, Big Tech companies like Google, Amazon, and Facebook are able to collect massive amounts of information on us. For example, Google likely knows if you have a medical problem, your current address, and what political party you support.[2] All of this information is then used for one purpose: Delivering hyper-targeted digital ads.

These pesky advertisements are the lifeblood of Internet-based companies. Think about it: Many of the web’s most used applications are completely free. Useful sites like Gmail, Facebook, and Twitter are completely free for all users, yet these companies are worth billions. This is Big Tech’s dirty little secret: They’re not selling their products and services to you. They’re selling you and your data to advertisers.[3] And the more data they have on you, the more they can charge advertisers. This is why companies like Amazon and Google typically sell many of their products at a loss. For example, when Amazon prices an Echo Dot at USD $20 during the holidays, Amazon isn’t making a profit off the sale of the hardware; it’s making a profit from all the new, personal data that users give to the device. Ultimately, Big Tech is financially motivated to collect more and more personal data, putting everyone’s digital privacy to the side.

What Should Be Done?

First, increased regulation of hyper-targeted advertisements would be a massive victory for digital privacy. The amount of data that Big Tech companies have on us is staggering, and they’re encouraged to collect as much as possible to sell to advertisers. Selling data about extremely sensitive subjects like medical history ought to be banned. After all, advertisers shouldn’t have access to people’s sensitive health information. Additionally, allowing users to opt-out of tracking would be another win for privacy advocates. Cookies do offer legitimate features for users, so most would still accept tracking. However, simply offering a choice to opt-out would be incredible progress for digital privacy in the 2020s.

Big Tech corporations make billions by trivializing our digital privacy and prioritizing advertisers over people. Unfortunately, these companies are financially motivated to collect as much data as possible, so without regulation, this trivialization of privacy is likely to continue. Fortunately, there is hope: The European Union has a law that allows users to opt-out of tracking cookies,[4] and similar legislation is possible in the United States. Although Big Tech would certainly fight back with shady tactics, an opt-out law would be the biggest victory for privacy of the 21st century.

About AXEL

Time and time again, Big Tech has prioritized its profits over privacy, putting their users at risk. At AXEL, we’ll never sell your data to third-party advertisers because we believe that your private information should stay private. That’s why we created AXEL Go. AXEL Go uses military-grade encryption, blockchain technology and decentralized servers to ensure it’s the best file transfer software on the market. Whether you need cloud video storage or cloud file management, AXEL Go is the secure file hosting solution. If you’re ready to try the best file sharing app for PC and mobile devices, try two free weeks of AXEL Go here.

[1] “AOL Hikes Price to US$21.95.” Wired. Conde Nast, February 9, 1998. https://www.wired.com/1998/02/aol-hikes-price-to-us21-95/

[2] Hill, Simon. “The History of Cookies and Their Effect on Privacy.” Digital Trends. Digital Trends, March 29, 2015. https://www.digitaltrends.com/computing/history-of-cookies-and-effect-on-privacy/

[3] King, Bertel. “Why Targeted Ads Are a Serious Threat to Your Privacy.” MUO, April 1, 2019. https://www.makeuseof.com/tag/targeted-ads-threat-privacy/

[4] Lomas, Natasha. “Europe’s Cookie Consent Reckoning Is Coming.” TechCrunch. TechCrunch, May 31, 2021. https://techcrunch.com/2021/05/30/europes-cookie-consent-reckoning-is-coming/

AXEL’s Guide to Remote Work

In March 2020, nearly every office worker was filled with anxiety about the prospect of remote work. With no warning and little preparation, a significant portion of the world’s workforce was forced to do their jobs from home, many with no experience of at-home work whatsoever. It was a stressful and unique time, learning new skills and software from home, all while the looming threat of COVID-19 was ever-present in peoples’ lives. This radical, immediate shift to at-home work was unlike anything workers had ever faced before.

But then something funny happened: We got used to it. Not only did employees begin to tolerate remote work, but they enjoyed it more than traditional work at the office. In fact, nearly 50% of workers stated that they’d take a pay cut to continue working remotely [1]. 25% stated that they would quit their jobs if they couldn’t work remotely anymore, and 70% say they find virtual meetings less stressful than in-person meetings.

Now, with remote work popularized and here to stay, here are some ways to maximize your efficiency, create a healthy work-life balance, and overcome some of the unique challenges of at-home work.

Maintain a Healthy Work-Life Balance

Although remote work offers incredible flexibility for employees, that flexibility comes with a price. 45% of remote workers say they work longer hours than they did before, and the picture is even bleaker for younger workers [2]. With the rise of remote work, employees are working longer hours and more weekends, putting a healthy work-life balance at risk. With bedrooms becoming the new office, it can be concerningly easy for worklife and homelife to blur. Thankfully, there are a few strategies that can help workers separate their job and their home life.

First, one of the most useful strategies to utilize is scheduling. Most employees have a specific time to clock in and clock out. Even when you’re working from home, sticking to those specific times helps separate work and home. Additionally, it’s helpful to schedule breaks in advance as well, to provide structure to the workday. Creating a schedule and sticking to it is one of the best ways to prioritize a healthy work-life balance. 

Additionally, it’s helpful to create specific places for work as well. Set aside a desk, office, or even just a chair for work, and only use it during work hours. This way, your home can be split into two, with distinct workspaces and homespaces. This way, once you’re at your work desk, you’ll be able to focus solely on work, rather than allowing your work life and home life to intersect. Although these strategies sound simple, they help workers separate their work and personal lives immensely. Just following these two strategies can help maintain (or even increase) worker efficiency, while also promoting healthy distinctions between work and home.

Embrace Change

When workers were sent home in March 2020, they were forced to learn new programs on the fly. From Zoom meetings to Slack channels, workers involuntarily embraced modern workplace technology. Many workers had never even participated in a Zoom meeting before the pandemic, but now they’re practically the norm. Additionally, programs like Slack, Skype, and Microsoft Teams surged in popularity, even among offices that were previously low-tech. Ultimately, although the pandemic forced employers and workers to try new programs, it allowed nearly every workplace to embrace modern workplace technology. Now, nearly every worker is technologically savvy enough to get work done from home. The rapid modernization of many offices was certainly one of the hidden blessings of the pandemic.

In addition to embracing new software and programs, remote work has allowed employees to embrace new places as well. On the more common side, many workers enjoy leaving their homes for part of the workday. After all, some people may work best next to the office-like bustle of a coffee shop, or the eerie silence of a local library. Remote work allows workers to try out different working environments to determine which location works best for them. Additionally, some workers have even become “digital nomads,” employees who travel often, but are still full-time remote workers. Because remote work allows unprecedented flexibility in where work gets done, it’s no wonder why many employees prefer working out of the office.

Utilize New Tech

Even before the pandemic hit, new workplace collaboration software made our jobs so much easier. Now, dozens of useful programs are readily available to businesses, making the transition to remote work even more simple. Useful programs include: 

  • Slack, a business communication software that features chat rooms organized by department, team chats, and direct messaging.
  • Todoist, a workplace organizing software that schedules and shares tasks, meetings, and projects.
  • GitHub, a hosting service for software development that allows users to comment and collaborate on each other’s coding projects.
  • Clio, a practice management software for law firms that collects and finalizes documents remotely.

Don’t be afraid to try out new technology! There are dozens of useful programs available, no matter what industry you work in. Whether it be work automation or business communication, workplace software is a wonderful tool that can help your business. Embracing new technology can be scary, but the benefits certainly outweigh the stress. After all, we were all anxious about Zoom meetings in 2020, but now, they’re second-nature, and help us get work done effectively. The best workers and businesses are unafraid of trying out new technology, so keep an eye out for new programs that can help you get work done more efficiently.

Communication is Key

During in-office work, it’s easy to stay in the loop. With remote work, staying informed and updated on your team’s latest projects can be a bit trickier. That’s why it’s extremely important to communicate often with coworkers and managers alike. Make group chats with your team, so no one is left behind, and follow up often to ensure everyone is on the same page. Without in-person meetings, everyone has to know their responsibilities. Embracing consistent, clear communication helps ensure that tasks don’t slip through the cracks.

Additionally, communication doesn’t only have to be about work. One of the biggest drawbacks of remote work is the loss of office camaraderie. This loss is particularly felt by young employees, many of whom are starting their career without ever meeting their coworkers in real life [3]. One way to mitigate this effect is to encourage casual conversation among employees. Whether it be as simple as a “water cooler” Slack channel or occasional Zoom hangouts with coworkers, fostering connections between employees not only helps workers avoid burnout, but also helps cultivate a distinct company culture.

Overcome Challenges Together

One of the most difficult aspects of remote work is time management, particularly when your coworkers are in different time zones. Unplanned meetings are often too difficult to pull off successfully in a remote work environment. That’s why it’s extremely important to plan projects, tasks, and meetings well in advance, so every employee knows what’s coming up, and when to be available. Of course, sometimes things come up and require immediate action, but giving your best effort to plan in advance not only helps you stay organized; it helps your entire office stay coordinated and running smoothly.

Finally, one of the biggest challenges with remote work is technology. With no on-site IT department, workers are often on their own when they encounter a tech problem. That’s why businesses ought to have clear guidelines regarding technology. Some helpful tech tips include:

  • Only using secure Wi-Fi networks.
  • Immediately downloading software updates.
  • Using a secure file-sharing service (like AXEL Go!)
  • Creating an incident response plan in the event of a data breach.

Tech problems will always be present, whether you’re working at the office or at home. That’s why offices need to communicate with employees regarding technology and cybersecurity. Creating and enforcing technology guidelines can help both employees and the business stay safe from cyberthreats.

About AXEL

As remote work becomes the norm, cybersecurity ought to be a priority for all businesses. At AXEL we believe that your information deserves the best protection. That’s why we created AXEL Go. AXEL Go uses military-grade encryption, blockchain technology and decentralized servers to ensure it’s the best file transfer software on the market. Whether you need cloud video storage or cloud file management, AXEL Go is the secure file hosting solution. If you’re ready to try the best file sharing app for PC and mobile devices, try two free weeks of AXEL Go here.

[1] Collins, Terry. “Work Remote after COVID? Nearly 50% of US Workers Would Take a Pay Cut for It, Survey Says.” USA Today. Gannett Satellite Information Network, November 11, 2021. https://www.usatoday.com/story/money/2021/11/11/workplace-survey-remote-pay-cut-covid/6367601001/

[2] Maurer, Roy. “Remote Employees Are Working Longer than Before.” SHRM. SHRM, July 6, 2021. https://www.shrm.org/hr-today/news/hr-news/pages/remote-employees-are-working-longer-than-before.aspx

[3] Petersen, Anne Helen, and Charlie Warzel. “Remote Work Is Failing Young Employees.” The New York Times. The New York Times, November 22, 2021. https://www.nytimes.com/2021/11/22/opinion/remote-work-gen-z.html

How Law Firms Should Handle Cybercrime

Law firms are extremely unique places of business. They don’t rely on releasing products, but on a specific service that requires the collection of confidential information from clients. Further, because law firms typically serve multiple clients at a time, they hold a wealth of information on both corporations and individuals. And this knowledge isn’t run-of-the-mill company fun facts; it’s the scandalous, salacious, highly-confidential information that would cause chaos if publicly revealed. 

Unfortunately, cybercriminals have realized this, and have taken decisive action. In the past few years, law firms have become a prime target for cybercriminal organizations because of their combination of valuable data and relatively lax cybersecurity. This culminated in a 2020 attack by REvil, a notorious ransomware gang, on Grubman Shire Meiselas & Sacks, demanding a USD $42 million ransom for the near-terabyte of stolen data [1]. Overall, 29% of firms recorded a security breach in 2020, according to an ABA survey [2].

It’s clear that law firms are a top target of cybercriminal gangs. Therefore, it’s important to stay informed on these gangs’ strategies, and the best ways to prevent cyberattacks.

How do Cybercriminals Attack Firms

Although cybercriminal organizations typically have “go-to” strategies, there isn’t one specific way that all law firms are attacked. Whether it be with phishing emails, malware, or even insider attacks, there are a variety of ways that law firms can be targeted. While large firms were mostly targeted a few years ago, cybercriminals have recently shifted their priorities. Due to the global crackdown on ransomware gangs, these diabolical organizations started to target small and mid-size firms, avoiding the publicity (and government attention) that an attack on large firms would bring. In fact, mid-size law firms have become the prime target for cybercriminals [3]. After all, these firms still have loads of valuable information, but likely have much less stringent cybersecurity measures.

Concerningly, fewer than half of all law firms use simple security measures like two-factor authorization and file encryption [2]. With a significant portion of firms having no cybersecurity protection beyond usernames and passwords, it’s no wonder that cybercriminal gangs have raked in money from desperate firms. In 2021, the average ransomware payment was USD $140,000, a massive figure for small and mid-size firms [3]. Unfortunately, if an unprepared firm is hit with ransomware, there is typically no other option but to pay the cybercriminals to unlock their encryption and return the stolen data. That’s why the best defense against cyberattacks is preparation.

Legal and Moral Obligations

While there is no federal law requiring law firms to have certain cybersecurity precautions, some individual states and industries do regulate firms’ cybersecurity practices. For example, firms that handle financial data may be subject to the Sarbanes-Oxley Act of 2002, a law that mandates stringent recordkeeping and reporting [4]. Further, certain states like New York and California have more cybersecurity regulations on their books. For example, New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act mandates prompt public disclosure in the event of a security breach [4]. These regulations ultimately help firms stay prepared for cyberattacks, while also serving the public interest if a cyberattack were to occur. Failure to follow these regulations could lead to investigations, lawsuits, fines, and an overall loss of public trust.

In addition to federal and state laws, law firms must also follow the American Bar Association’s (ABA) Model Rules of Professional Conduct. One rule states that lawyers must take

Reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client [4].

Additionally, the ABA requires firms to reasonably inform clients about the status of a cyberattack. While the term “reasonable efforts” is certainly open to interpretation, the ABA is clear: It’s an ethical obligation for firms to prepare for cyberattacks. In today’s digital world, handling client data unsafely isn’t only irresponsible; it’s immoral.

What Can Law Firms Do?

So, we know that law firms are ethically, and in some cases legally, required to take reasonable precautions for cyberattacks. But what exactly can firms, particularly small and mid-size, do? Businesses like this simply can’t afford the cybersecurity infrastructure of large firms, with dedicated staff and numerous expensive programs. Thankfully, providing strong protection from cybercrime is simple and inexpensive.

The best way to prevent data breaches and ransomware attacks is to cultivate a culture of security in the workplace. Specifically, this means embracing simple safeguards like two-factor authorization and file encryption. Just taking these two precautions vastly lowers the risk of a successful cyberattack. Additionally, having yearly (or even twice-a-year!) training on cybersecurity risks helps create a culture of security as well. Think about it: Phishing emails are typically well-disguised. But if all employees know the difference between an innocent work email and a nefarious phishing attempt, your firm will be significantly safer.

Finally, in the unfortunate case that a firm is hit with a cyberattack, it’s extremely useful to have an incident response plan. As a cyberattack is occurring, every minute counts, and having a specific plan can be the difference between a devastating data breach and a failed attempt. If employees know what to do immediately, whether it be turning off all computers, shutting down Wi-Fi, or calling a trusted expert, firms can minimize the risk, or at least lessen the impact, of a surprise cyberattack. Unfortunately, just 34% of firms maintain an incident response plan [2]. While this is an increase from past years, this shows there is still a long way to go regarding cybersecurity at law firms.

About AXEL

Law firms will continue to be targeted by nefarious cybercriminals. Thankfully, AXEL is prepared. At AXEL, we believe that privacy is a human right, and that your information deserves the best protection. That’s why we created AXEL Go, a secure file sharing software. AXEL Go uses military-grade encryption, blockchain technology and decentralized servers to ensure it’s the best file transfer software on the market. Whether you need cloud video storage or cloud file management, AXEL Go is the secure file hosting solution. If you’re ready to try the best file sharing app for PC and mobile devices, try two free weeks of AXEL Go here.

[1] Shankar, AJ. “Council Post: Ransomware Attackers Take Aim at Law Firms.” Forbes. Forbes Magazine, March 11, 2021. https://www.forbes.com/sites/forbestechcouncil/2021/03/12/ransomware-attackers-take-aim-at-law-firms/

[2] Loughnane, John. “2020 Cybersecurity.” Americanbar.org. American Bar Association, October 19, 2020. https://www.americanbar.org/groups/law_practice/publications/techreport/2020/cybersecurity/

[3] Dalton, Brian. “Law Firms Stagger through Ransomware Attacks.” Above the Law, November 2, 2021. https://abovethelaw.com/2021/11/law-firms-stagger-through-ransomware-attacks/

[4] “5 Cybersecurity Risks and 3 Obligations for Law Firms.” The National Law Review, July 8, 2021. https://www.natlawreview.com/article/5-key-data-privacy-and-security-risks-arise-when-organizations-record-job-interviews

INTERVIEW: How COVID Changed the Courtroom (and the Future of Law)

When COVID-19 struck the United States in January of 2020, every industry in the United States (and, really, the world) was shaken. It forced everything from mom-and-pop restaurants to the largest law firms to send employees home, left to their own devices to figure out how to run a business from miles away. This problem was particularly evident for those in the legal industry. As the pandemic continued into April, firms began to take drastic measures in response to decreased demand for legal services. Many law firms opted for pay cuts, in an attempt to save as many jobs as possible. However, some firms were still forced to lay off paralegals, attorneys, and other legal professionals[1].

While the demand for legal services subsided at the beginning of the pandemic, there was no decrease in the need for legal services[1]. After all, the pandemic provided a bevy of new legal questions that attorneys and clients alike had to ponder. So, while people weren’t speaking with lawyers during the height of the COVID-19 pandemic, a backlog of people needing legal help was growing quickly. Although business was down during the height of the pandemic, two attorneys, Nancy Rapoport and Joe Tiano Jr. predicted that the pandemic would only cause temporary struggles for the legal industry, while also forcing old-school firms to innovate.

Nancy is the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas (UNLV), and Joe is a former lawyer turned businessman who founded Legal Decoder, a legal tech software that optimizes efficiency and pricing uncertainty. Together, they authored The Legal Industry’s Second Chance to Get it Right, which foresaw the legal industry’s comeback in February 2021, and they offered their insight on the future of law in an exclusive interview with AXEL. 

How COVID Changed the Courtroom

“All of the stuff that we thought we knew about the practice of law has been wrong,” Rapoport says. Regarding the pandemic, she says, “it gave us a chance to rethink what a law practice should be.” While nearly every industry had to learn new things like Zoom meetings at the beginning of the pandemic, legal professionals faced unique challenges.

“The inability to read a witness’s or deponent’s body language … Doing it over Zoom is a challenge,” Tiano said. “You can’t read body language. It’s kind of hard to see inflections … It had to be an enormous hurdle for any lawyers who’ve been practicing the same way for decades.”

In addition to these remote depositions, the COVID-19 pandemic introduced new ethical dilemmas for legal professionals as well.

“There are now cases saying ‘Lawyers, stop texting your clients’ answers.'” says Rapoport. She describes a case where attorneys would communicate with witnesses during testimony through email, an impossible task to pull off in a physical courtroom. “No one does that because it’s unethical, but now we have to come up with all of these new ways of dealing with court and mediations, bringing people into separate rooms, dealing with witnesses.”

The Legal Industry’s New Challenges

Even before COVID-19, some observers predicted a radical change in how firms charge their clients[2]. For years, law firms big and small have used the “Billable Hour” model, a simple formula where a firm charges the client a certain cost per hour. Put simply, “[the billable hour] is the economic model upon which a law firm operates,” Tiano says.

After the pandemic hit and the demand for legal services dropped, many predicted that this radical change would finally occur. However, the industry-wide shift to alternative pricing agreements never came, even with the massively decreased demand for legal services at the beginning of the pandemic. But why didn’t alternative pricing become the norm, especially in a time as volatile and tumultuous as the pandemic? As Rapoport humorously puts it, “the billable hour is easy for lawyers because we’re not good at math.”

But just because it’s the most common pricing agreement doesn’t mean it’s the most efficient. “If we used data and we figured out other ways to value delivery of services, we’d all be better off,” Rapoport says. “[The billable hour model] encourages piling on of work, and it encourages slow work, neither of which a good lawyer should want to do. But if that’s the reward system, it’s very hard to break away from that. I would love to see people use data better, to rethink how they adjust the value to clients.” As Tiano succinctly puts it, “there’s a fallacy that every hour is equal in value.”

In addition to the continued use of the billable hour, law firms also face new challenges related to the rise of at-home work. “One of our biggest worries is how the newest professionals are going to get trained and socialized,” Rapoport says. A common problem among many offices since the pandemic, the lack of socialization for new employees can affect everything from office camaraderie to firm loyalty. And with at-home work becoming more and more normalized, these anxieties that firms and businesses face are unlikely to go away any time soon.

Finally, as the pandemic wanes and legal demand increases, law firms face a unique problem: “One of the biggest challenges that firms are having today is keeping their personnel, because they have too much work,” Tiano says. Although the legal industry started to bounce back when COVID vaccines became readily available, the industry soon came across new problems. The sheer amount of work has caused firms to lose personnel, risking the continuation of the legal industry’s comeback after COVID-19.

Legal Tech: Tool or Replacement?

Rapoport and Tiano see the benefits of legal software as complementary, but are skeptical about the technology replacing skilled lawyers regarding the ever-growing legal tech industry. As Rapoport says, “there are some things that computers are better at than lawyers … They can do things all day long in nanoseconds.” There is no shame in using the tools available to lawyers, especially if it helps increase efficiency. However, Rapoport warns that “if we’re not careful about how we use technology, we’re going to create a generation of untrained professionals who will become senior without knowing how to do things.”

“We’ve got to make sure technology augments what lawyers do, rather than replacing the skills that lawyers uniquely bring to the table,” Tiano says. “It’s very difficult to counsel a client from a legal, psychological perspective if you’re a piece of software.”

However, just because Rapoport and Tiano see legal tech as a complementary tool for quality attorneys does not mean that technology won’t replace second-rate lawyers. Rapoport warns: “For lawyers who are good counselors, there’s no software in the world that replaces that. For lawyers that fill in the blanks, their days are numbered.”

The Future of Law

Legal tech is unlikely to replace every lawyer any time soon. As Tiano says, “I don’t see technology replacing lawyers. I see it amplifying what lawyers can do and supplementing their processes.” But just because your next traffic court lawyer is unlikely to be a software program doesn’t mean legal tech can’t help lawyers increase efficiency. Legal tech saves firms and clients both time and money. It’s a valuable tool that, when used correctly, can help clients and firms in a myriad of ways.

[1] Wittenberg, Daniel. “The Pandemic’s Dramatic Effect on the Business of Law.” Americanbar.org. American Bar Association, October 28, 2020. https://www.americanbar.org/groups/litigation/publications/litigation-news/business-litigation/the-pandemics-dramatic-effect-the-business-law/

[2] Ambrogi, Bob. “Guest Post: Beating the Alternative – Why the Billable Hour Is the Truest Representation of Cost.” LawSites, August 25, 2021. https://www.lawsitesblog.com/2021/08/guest-post-beating-the-alternative-why-the-billable-hour-is-the-truest-representation-of-cost.html

The Jones Day Law Firm Data Breach Serves as a Warning for Others

In December and January, the technology company Accellion experienced a hack to the Accellion FTA (File Transfer Appliance), a file-sharing program aimed at enterprise customers. Since then, multiple organizations have reported data breaches linked to the software, including the large law firm Jones Day. This created quite the storm for the firm and some high-profile customers like the City of Chicago. Here, we’ll go over the hack and discuss the lessons organizations should learn from the situation.

How it happened

According to a report by the cybersecurity company FireEye[1], the initial attacks occurred via a malicious SQL injection that allowed the criminals to install a web shell on Accellion servers. Then, the hackers could run malware programs at will via the web shell. If you remember, this is very similar to the methods employed by the group behind the infamous SolarWinds hack, covered by us here and here.

Who was behind it?

Cybersecurity experts attribute the attack to the CL0P ransomware gang[2] due to increased activity on the group’s dark website that shames organizations into paying the ransom. Analysts conclude that the victims implicated on the site line up with the known victims of this breach.

The threat actors used the Accellion FTA exploits to steal data from over 100 organizations, including the Australian Securities and Investments Commission, grocery store chain Kroger, the University of Colorado, and the Jones Day law firm. We’ll be specifically looking at the Jones Day state of affairs, as it has become a juicy story.

Jones Day

The Jones Day Law Firm is a major firm headquartered in Cleveland, Ohio, employing over 2500 attorneys and serving thousands of clients globally. In February 2021, representatives confirmed the company was one of those affected by the Accellion FTA breach. Law firms have significantly more to worry about from data breaches than, say, Kroger. This is due to the sheer amount of confidential information that passes between attorneys, legal assistants, clients, and court officials. Jones Day says its internal systems weren’t compromised, but the distinction is a bit moot, given what ended up being leaked.

The City of Chicago

The most interesting insights revealed in breach so far come from leaked correspondence between Jones Day and Chicago government officials. The City of Chicago was not a formal client of the firm, but Jones Day attorneys offered advice on many legal situations. The hackers stole over 85GB of emails, images, and documents sent between the two entities.

Neither Jones Day nor the City of Chicago paid the ransom, and these files were made available on the Dark Web. The Wikileaks-esque whistleblower website DDOSecret.com released a small portion of the haul publicly and has sent the complete data set to journalists. What has been reported on offers a fascinating look behind the political curtain of America’s third-largest city:

  • The Chicago Police Department created a secret drone surveillance program using money from seized assets sold after criminal investigations[3]. The budget for the drone initiative totaled nearly $8 million. The police used it to aid in missing persons cases and anti-terrorism strategies.
  • Mayor Lori Lightfoot attempted to distance herself from a campaign promise regarding police reformation[4].
  • Mayor Lightfoot and Illinois Governor J.B. Pritzker clashed on COVID lockdown restrictions on indoor dining.

Clandestine drone programs aside, there haven’t been many earth-shattering bombshells. Still, it’s embarrassing for both the City of Chicago and Jones Day. Mayor Lightfoot has called into question the authenticity of the emails[5], stopping short of outright denial.

It seems unlikely that a hacker group would go through the trouble of fabricating hundreds of thousands of documents to expose what amounts to normal everyday political shenanigans, but we’ll see how it shakes out.

The lesson

Jones Day and 100+ other affected organizations could have saved themselves the public embarrassment and loss of trust if they used better data transfer solutions. The Accellion FTA was a legacy file-sharing platform left largely unsupported. However, the inertia of technological adoption resulted in massive companies leaving themselves open to a data breach. Given the resources these organizations have at their disposal, the risks of sticking with old tech are unacceptable.

It’s especially objectional for a law firm like Jones Day. Their entire business is keeping confidential legal information away from the public’s eyes. While they may have the clout to recover from this issue, smaller firms would be devastated.

The takeaway for law firms and solo practices should be; take data security very seriously! Don’t rely on outdated platforms or downright insecure solutions like email attachments to share and store documents. Vet the provider you end up going with to ensure they will support the solution for the foreseeable future and continue to provide security patches along with new privacy features. Not doing so leaves you susceptible to catastrophic scenarios.

The right choice

Our file-sharing and cloud storage platform AXEL Go prevents data breaches. It’s the perfect solution for those working within targeted industries such as the legal sector. Our development team built AXEL Go from a framework of security and privacy. It combines secure blockchain technology, decentralized IPFS implementation, and military-grade file encryption to keep the most sensitive files safe.

To learn more, please visit AXELGo.app and sign up for a free 14-day trial of our Premium service. You get to try out all of the innovative features, such as Secure Fetch and storage encryption. Our team is always hard at work improving the platform and releasing updates. Once you see the AXEL difference, you’ll never go back to insecure data transfer systems again.

[1] Andrew Moore, Genevieve Stark, Isif Ibrahima, Van Ta, Kimberly Goody, “Cyber Criminal Exploit Accellion FTA for Data Theft and Extortion”, FireEye.com, Feb. 22, 2021, https://www.fireeye.com/blog/threat-research/2021/02/accellion-fta-exploited-for-data-theft-and-extortion.html

[2] Tara Seals, “Accellion FTA Zero-Day Attacks Show Ties to Clop Ransomware, FIN11”, ThreatPost.com, Feb. 22, 2021, https://threatpost.com/accellion-zero-day-attacks-clop-ransomware-fin11/164150/

[3] Tom Schuba, Frank Main, “CPD launched secret drone program with off-the-books cash”, Chicago Sun Times, May 12, 2021, https://chicago.suntimes.com/city-hall/2021/5/11/22425299/cpd-chicago-police-drone-secret-emails-hack-lori-lightfoot-dodsecrets-city-hall

[4] Gregory Pratt, “Computer hackers stole thousands of Lightfoot administration emails. Here’s a look at some of what they leaked online.”, Chicago Tribune, May 14, 2021, https://www.chicagotribune.com/politics/ct-lightfoot-administration-hacked-emails-closer-look-20210514-havyv352lfegrklmfi76a25wfi-story.html

[5] Bernie Tafoya, “Lightfoot questions legitimacy of city emails made public after hack”, WBBM NewsRadio 780 AM, May 11, 2021, https://www.audacy.com/wbbm780/news/local/mayor-questions-legitimacy-of-emails-made-public-after-hack

Common Pitfalls when Attorneys Adopt New Technology

The legal industry faces unique challenges to the adoption of new technology and digital transformation efforts. This article will discuss the most typical obstacles and introduce a framework that will help firms analyze whether a new tech solution is likely to integrate successfully.

Impediments to technological progress in the legal sector

Time investment. As you likely know, being an attorney isn’t a regular 9-5 job. A recent survey claims lawyers work an average of 66 hours per week[1]. That’s like a typical full-time and part-time job combined. So, all but the largest firms with dedicated IT teams can’t afford to spend too much time implementing new technology. Small firms and solo practitioners simply don’t have the resources to research, test, and deploy complex tech solutions.

Cybersecurity and confidentiality concerns. Legal professionals have needs that go above and beyond the average office worker when it comes to digitization. Due to attorney-client privilege and the ethical responsibility to maintain data security, attorneys need to be extra careful when upgrading their technology. They may have to look for approved ‘legal tech’ solutions when off-the-shelf consumer products don’t meet these standards.

The “billable hour” issue. Although there may be a shift in billing practices in a few firms, most still rely on the time-tested “billable hour” method. It may seem like a paradox, but the increase in efficiency new tech can bring might actually reduce a firm’s profitability due to fewer billable hours plus the cost (initial and ongoing) of the technology itself. While an increase in clients due to more free time could offset this problem, the demand for legal services, especially in less populated regions, probably won’t rise at the same rate.

The partnership model. The traditional hierarchy of law firms puts the “partners” at the top. Depending on the organization’s size, many decision-makers would need to approve any new legal tech initiative. This alone makes it an uphill battle, but add in the fact that partners tend to be older people who may not see technological advancement as a priority, and it becomes a serious deterrent. Obviously, this is a much more significant obstacle at larger firms, but any practice will multiple partners could face a difficult situation.

The “ignorance is bliss” dilemma. Solo practitioners and small firms don’t have the resources of their more massive brethren. This means that tech policies and solutions mega-firms implement have a hard time trickling down. Unfortunately, this can lead to solo practitioners developing an “ignorhttps://www.axel.org/the-10-worst-data-breaches-of-the-decade/ance is bliss” mantra, even if they don’t necessarily believe that to be the case.

For example, whereas large organizations may completely ban the use of insecure applications such as Dropbox for confidential file transfer or storage, smaller practices could still use them due to familiarity. They don’t search out current best practices for data storage because they may fear switching and disrupting their workflow.

While this is an understandable reaction, we urge attorneys to push through this bias for their own sake. After all, if a serious data breach occurs and the lawyer has not lived up to their ethical responsibilities, it becomes an even worse situation.

The innovation-decision process

We recommend running through the innovation-decision process before making conclusions about a particular technology’s viability for your firm. This process goes as follows:

  1. Assess comparative advantage. Does the new technology offer a substantial upgrade to your current systems? Define these advantages and review the overall impact they will have.
  2. Analyze compatibility. Does the solution fit into your existing workflow? If not, what resources will you need to allocate to adapt your business practices?
  3. Consider complexity. If you do need to adapt, calculate the cost-benefit analysis (not just financial, but also psychological) of doing so. Will it be a complicated endeavor? Do the results outweigh these complexities?
  4. Evaluate trialability. See if the vendor offers any sort of trial or demo. You can test out the solution, receive critical feedback and preliminary effectiveness metrics before committing to the entire project.

If you go through this process and discern that the tech is worth using, you will be much more confident in the solution and have a greater chance for success.

Your firm and AXEL Go

While the decision will still be challenging in many instances, sometimes the Universe serves up a no-brainer. AXEL Go is a secure, private file-sharing and cloud storage solution that overcomes the common obstacles and scores well on the innovation-decision process.

With the sudden shift toward working remotely, many attorneys find themselves in need of an easy-to-use file-sharing application that can fit seamlessly into their legacy workflow while providing more robust data security. AXEL Go is the perfect solution for any such lawyer. It has many innovative advantages, including:

  • Industry-leading security. AXEL Go runs on a secure, decentralized network that features blockchain integration and file encryption. Documents stored on the network go through a process of “digital shredding,” where only the uploader and recipient (if there is one) have access to the complete file.
  • Secure Fetch. Think of it as a digital courier. You send a secure, encrypted link to a recipient and request certain sensitive documents. They upload the necessary files, and you receive a notification for download. Recipients do not need AXEL Go accounts, meaning you don’t have to badger clients or colleagues to sign up for new services or software. You get to meet data security guidelines without any hassle or inconvenience.
  • Microsoft Outlook integration. You can now send confidential data via email without having to rely on insecure attachments. Using our Outlook plugin, you can send fortified AXEL Go links directly in an email with the click of a button. It’s a simple process that fits within traditional workflows.

With partnerships with the State Bars of states such as Connecticut, Florida, Nevada, and Georgia, it’s fair to say the legal community sees the unique value proposition AXEL Go offers.

According to a 2021 survey by ALM[2], 56% of legal teams consider “data privacy and security” as their primary focus for 2021. It makes sense when you understand the high probability of attempted hacks and data breaches every firm faces today. Don’t just wait around waiting for the inevitable. Be proactive and protect your most sensitive information with AXEL Go.

If you’re interested in seeing it in action, you can enjoy a completely unlocked trial of our Premium service for 14-days. Sign up today and see the AXEL Go difference for yourself.

[1] “How Many Hours A Week Does A Lawyer Work?”, careerigniter.com, https://www.careerigniter.com/questions/how-many-hours-a-week-does-a-lawyer-work/

[2] “What Do Legal Professionals Expect From 2021?”, Mitratech.com, 2021, https://mitratech.com/resource-hub/whitepapers/alm-survey-legal-tech-plans-2021/